Much to celebrate in committee report on Canadian Environmental Protection Act

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Highlights include major breakthrough for environmental rights, strengthened toxics regulation and protections for vulnerable populations

The Canadian Environmental Protection Act (“CEPA”) is Canada’s most important environmental law. And yet, in the likely event that you are not an environmental lawyer, you have probably never heard of it.

CEPA sets out the framework Canada uses to determine which substances are toxic and need to be regulated to protect the environment and human health. It also guides decision-making about whether a new substance or genetically modified animal is safe enough to be used or manufactured in this country. For many Canadians who live near major industrial facilities, CEPA is the only reason they know what contaminants their industrial neighbours are emitting into their community’s air and water.

For all its strengths, portions of CEPA are also extremely outdated. The Act is supposed to be subject to review every five years, but since it was revised in 1999, no reviews have been completed and no substantial changes have been made. That’s why Ecojustice and other environmental and public health groups are celebrating a report tabled today in Parliament by the House of Commons Standing Committee on Environment and Sustainable Development.

The Standing Committee launched a review of CEPA in the spring of 2016. For the last year, Ecojustice has been actively involved in the review by providing extensive oral and written submissions and making key recommendations to strengthen CEPA and improve its effectiveness. We’ve spent the last year meeting with decision-makers and MPs to explain our recommendations.

We are pleased to report that Ecojustice’s efforts have had a big impact.

Breakthrough for Canada’s environmental rights movement

There is a lot to like about the committee’s report, but one development we’re especially pleased about is the Standing Committee’s adoption of our recommendation that CEPA recognize and protect the right of every person in Canada to a healthy environment.

More than 110 countries recognize their citizens’ legal right to a healthy environment. Canada does not. And until Canada enshrines this right in our Charter of Rights and Freedoms or introduces standalone legislation that recognizes that we all have a right to a healthy environment and a right to have a say in decisions that affect the health of our communities, it is crucial for the environmental laws we already have to fill this gap — to the extent that they can. This way, decisions made under those laws will reflect and protect this fundamental human right.

In the last 50 years, the right to a healthy environment has gained recognition around the world faster than any other human right. Entrenching this right in CEPA would be a landmark step toward bringing Canadian environmental laws in line with the global environmental rights movement. It would also mean that, at least in the context of decisions made under CEPA, the federal government would have a mandatory duty to ensure its actions protect Canadians and do not put their lives or health at risk.

This is particularly important given socially and biologically-vulnerable populations bear the brunt of environmental harm. Children, pregnant women, the elderly, low-income populations, and other historically-disadvantaged groups, such as Indigenous communities, are disproportionately impacted by Canada’s lax rules on toxic substances and pollution. For instance, one of the reasons Canada ranks 25th on children’s well-being amongst rich countries is our failure to make improvements to air quality — a failure which impacts children in particular because they breathe in more air per unit of body weight than adults.

Getting toxic pollution out of our air, water, and bodies

The committee report recommends the long-overdue introduction of national drinking water and air quality standards; stronger enforcement provisions to ensure polluters are held to account; improved transparency, public reporting and consultation requirements; and faster timelines to ensure regulatory action is taken swiftly once a toxic threat is identified. Binding drinking water and air quality standards could make a real difference for communities across the country, including Harrietsfield N.S. and Aamjiwnaang First Nation where we have been working for years to empower residents to protect their communities’ health.

From phthalates used in cosmetics, flame retardants used in furniture, and bisphenol A used in food can linings, products we bring into our home and apply to our body each day contain chemical compounds that put our health at risk. Although alternative products may be available, not everyone can afford to buy their way out of this toxic burden.

That’s why we urged the committee to call for a more equitable approach to toxics regulation, and are pleased to see it recommend that CEPA incorporate greater consideration and protections for vulnerable communities, and provide more protection from substances that interfere with our hormonal systems, also known as endocrine disruptors.

Even more good news

The committee’s report contains a number of other very positive developments that mirror the suggestions and recommendations we shared in our briefing notes, meetings, and submissions to the committee over the last year. These include:

No proof, no useIn its current form, CEPA places the burden on government to prove substances already in use are causing harm before restrictions are put into place. The committee recommends a reverse-onus system, similar to that in European countries, whereby industry must be able to prove a substance of very high concern, such as a carcinogen, is safe before it will be approved for sale and use in Canada.

Cumulative impact assessments
When it comes to assessing harmful substances, the committee has agreed that it’s important to think not just about how exposure to a single substance might impact human health and the environment, but also about the cumulative impact of exposure to many substances. In the course of a single day, we come into contact with hundreds of potentially harmful substances in the air we breathe, water we drink, food we eat, and products we use — a reality CEPA should reflect.

Transparent decision-making
In 2013, Ecojustice lawyers went to court to argue that then-Ministers Ambrose and Agluukaq violated CEPA when they laid the groundwork for widespread production of genetically modified salmon in Canada without any public input and in the absence of key information about the organism’s toxicity and invasiveness.

One of the biggest hurdles we encountered while working on this case was the opaque and outdated wording of Part 6 of CEPA, which establishes the framework for assessing risks posed by new genetically modified organisms. We’re pleased to see the committee’s report build on many of the lessons learned through the application of Part 6 in that particular instance. If the government adopts the committee’s recommendations, it will go a long way toward making future decision-making more transparent while also ensuring risks to human health, the environment, and native species are clearly understood and evaluated before new substances and genetically modified organisms are introduced into the Canadian environment.

Next steps

This report will now be considered by the Minister of the Environment and Climate Change Catherine McKenna, and eventually Cabinet. In the meantime, we’ll be working with our allies inside and outside government to build the broad support needed to turn these recommendations into law. We hope to see a bill tabled in the fall, with debate and voting to follow.

We have before us a once-in-a-generation opportunity to dramatically improve our most important environmental law. Let’s make it happen.

21 Responses to Much to celebrate in committee report on Canadian Environmental Protection Act

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Chris HeppnerJune 15, 2017

Congratulations for having helped all this to happen–and I am happy to share a bit in that as a fairly long-time supporter.

But there is one huge area where nothing at all is being done, though the evidence for widespread damage is now huge, and growing. That is Radio Frequency–and also ELF–which is spreading through our society like a pestilence. Devra Davis has excellent stuff on this, and Canada’s own M. Havas is a contributor. Martha Herbert, both an M.D. and a Ph.D. and an autism specialist at Harvard, has two long papers pointing a finger at the probable connection between this and the appalling rise in Autism Spectrum disease–and Alzheimer’s too, maybe. All the political parties, and Health Canada even more intensely, along with our current Minister of Health, are in blatant denial. But the health disasters accummulate–brain cancer, parotid gland disease, etc, etc. Any chance you could become the first credible group to insist on the need to really take a hard look at this? We have already the c4st.org group led by the retired head of Microsoft in Canada, but they have not been able to provoke much of a response from our government; there is just too much money at stake, and the “war on science” intensified by Harper continues, but in a quieter form–science is not so much actively suppressed as it is quietly ignored. Can you begin a real movement?

Who will enforce the Environmental Protection Act?
And if not followed can the people in charge of the act be prosecuted?
Or will they be immune to prosecution like in Albertas “Jessica Ernst” case.
Any legislation needs thees otherwise it is useless.

Venetia BodanisJune 16, 2017

Hi Werner, thanks for your comment. We agree that enforcement is extremely important (and to be fully effective, the government needs to enforce the law).

We’re celebrating the Committee’s recommendations as a great first step and we will continue to work with our allies inside and outside government to build the broad support needed to turn these recommendations into law.

BridgetJune 16, 2017

Like many others, I am horrified at the mass killings of birds and bats caused by wind turbines, as well as the effects on all species (including humans) caused by the pressure from the blades, frequency of the noise, and energy coming through the ground when not grounded properly. Many Europeans are up in arms over this, as are folks all over Ontario, yet governments are denying and burying reports. Instead of choosing projects with minimal impact on the ecosystem, that can be funded and used locally, provinces are plowing ahead with the WORST ecological disasters and trying to greenwash them – like Site C, Run of River, giant turbines, etc, – and ensuring that they are owned by the same horrible multinationals that enslaved the public for generations. Why are groups not speaking out about the deaths associated with turbines and educating the public/changing government’s course before it’s too late (like Ontario)? Scientists announced over a BILLION birds didn’t return to North America last year, yet few seem to be concerned about how many were macerated in massive turbines on every continent.

John A. RoneyJune 16, 2017

Pleased to hear of the new CEPA RECOMMENDATIONS made by the commitee and tp be presented to Catherine McKenna Minister for Environment and Climate Change . Waiting for adoptian by this govt,

Venetia BodanisJune 16, 2017

Thanks John, we are too!

Johanna RyffelJune 16, 2017

How can it be that Health Canada , or CEPA allowed the use of Glyphosate – Roundup for another 15 years ? Now that we know how highly Toxic Glyposate – Roundup is ? Its poisoning the Earth [ it destroys the Micro and Macro Biom ] of the Soil Water ~ it poisons the Water : from Streams to the Oceans ~ ! it pollutes the Air ~ ! it destroys Human and Animal Life ~ Its been in use for 50 years all over the world : its now present in Mothers milk ……and its deemed Carcinogenic by WHO ~ ! It has over the last 50 years wreaked Havoc On the intricate Web of all LIFE ~ ! and its not banned yet ? The Planet is being poisoned to Death ~ ! Folks its later then you may like to think : with GMO,S with their Companion Herbicides [ mostly Round up ] and others equally toxic compounds ~ herbicides ~ and Global Climate change we have the mix of a rapid Run away Mass Extinction ~ 50% of all Animal Life extinguished in as many years ! Let this sink in : all by the greed and folly of mankind ~ ! The Planet will survive ! but not Humans and Animals ! A CRIME AGAINST ALL LIFE ~ !

Lynn SmartJune 16, 2017

Many congratulations on your understandable communications and compassion for all Canadians in your support of this change. Keep it up!

Venetia BodanisJune 19, 2017

Thanks for the support!

SharonJune 16, 2017

I share Chris Heppner’s concerns and believe that this Act, if amended, would provide a means to address the proliferation of microwave radiation which is a 2b carcinogen that can never be proven to be safe.
How can we, the public, support your efforts and encourage the government to adopt these changes?

Jerry FlynnJune 17, 2017

The 2015 International EMF (electromagnetic field) Scientists Appeal urged the Secretary General of the UN, all UN-member nations and the Director General of the WHO to protect humans and wildlife from EMFs and wireless technology. Currently signed by some 225 distinguished EMF scientists from 41 countries, they highlight what is the world’s – not just Canada’s – most pressing environmental issue: man-made extremely low frequency (ELF) and microwave / radio frequency (RF) non-thermal radiation (EMF), which now threatens all life on earth as we know it.

Venetia BodanisJune 19, 2017

Thanks for the added information, Jerry.

Ann DuttonJune 17, 2017

Well done! After years of hard work a step forward to celebrate. Comments on the other 11 blogs – yes there is still much more to be done, but no single piece of recommendation can cover everything.
We must go forward step-by-step.

The right to clean air and water and access to healthy food should be a fundamental right of all Catsnadians. Similarly, an Ecocide Act would prevent Canadians from exploitation.

Bonnie DenhaanJuly 01, 2017

Good news indeed – even if only a rather vague commitment. The Basic Human Right to a clean and healthy environment should be the Law everywhere. No reason for Canada not to take the lead here. The main concern, of course, will be Enforcement, in the face of big lobbying pressures. Keep up the great work!

JocelynJuly 02, 2017

It is incredible that Canada’s public and environmental protection agencies have been so shamelessly incompetent and corrupt by allowing a virtually endless list of carcinogenic and physically destructive GMOs and the trillions of tons of lethal pesticides that are required by these frankenfoods! These GMOs are indeed killing us and ripping apart the digestive systems of the innocent animals imprisoned in disgraceful, filthy, physically abusive Factory “Farms”. This is what is sold to Canadians as food! Next in line are the trillions of lethal pharmaceuticals that are all designed keep patients dependant upon these wretched drugs because they only temporarily mask symptoms, never cure patients. All of these Factors are more than enough evidence that the CEPA must be immediately overhauled and all current individuals put on trial and be immediately replaced by new non-corrupt individuals who are prepared to ensure that we as Canadians have the right to live in a country that does not knowingly put our lives at serious risk for personal monetary gains. It really is this simple!!!!

JocelynJuly 02, 2017

It is incredible that Canada’s public and environmental protection agencies have been so shamelessly incompetent and corrupt by allowing a virtually endless list of carcinogenic and physically destructive GMOs and the trillions of tons of lethal pesticides that are required by these frankenfoods! These GMOs are indeed killing us and ripping apart the digestive systems of the innocent animals imprisoned in disgraceful, filthy, physically abusive Factory “Farms”. This is what is sold to Canadians as food! Next in line are the trillions of lethal pharmaceuticals that are all designed keep patients dependant upon these wretched drugs because they only temporarily mask symptoms, never cure patients. All of these Factors are more than enough evidence that the CEPA must be immediately overhauled and all current individuals put on trial and be immediately replaced by new non-corrupt individuals who are prepared to ensure that we as Canadians have the right to live in a country that does not knowingly put our lives at serious risk for personal monetary gains. It really is this simple!!!!